This page contains the terms and conditions applicable to all transactions with Viterbo Silva Unipessoal Lda. By making purchases on this site or in our physical shop, you are implicitly accepting them and we therefore recommend that you read them and contact us if you have any questions or suggestions. These terms may change from time to time without prior notice, so we advise you to read them carefully before making any purchase from us.
- Scope and Object of the General Store Conditions
These general conditions are intended, together with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of services in the CineMot Film online shop by Viterbo Silva Unipessoal Lda, with registered office at Rua dos Mártires da Liberdade 154, under the single registration and legal person identification number 514248246, with share capital of €1,000, hereinafter referred to as “CineMot Film”.
The service consists of providing access to the online shop at https://cinemotfilm.com which, in addition to providing information on a range of products and services, allows the user to electronically order the products advertised therein, under the terms and conditions described herein.
Product orders must be placed by users aged 18 (eighteen) or over (individuals under this age must be authorised by their legal representatives).
The elements and information transmitted by the user will have full legal effect, with the user recognising the electronic purchases and not being able to claim lack of signature for breach of the obligations assumed.
- Content and Product Information
CineMot Film will endeavour to ensure that the information presented does not contain typographical or technical errors, which will be promptly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to withdraw from the purchase contract under the applicable legal terms (right of withdrawal – see point 9). Please contact us if you discover any errors or have any questions about them so that we can make the necessary clarifications and corrections.
CineMot Film will endeavour to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for CineMot Film to control, such as human error, technical faults or incidents in computer systems, it will not be possible to make available any of the products ordered by the user. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund, if you have already paid for it.
All information about prices, products, specifications, promotional activities and services may be changed at any time by CineMot Film.
- Responsabilities
3.1 All products and services commercialised in the CineMot Film online shop are in accordance with Portuguese law.
3. 2 The shop has adequate security levels, however CineMot Film shall not be liable for any damages suffered by the user and/or third parties as a result of delays, interruptions, errors and suspensions of communications caused by factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or arising from the download via the service of files infected with or containing viruses or other properties that may affect the user’s equipment. If, for any reason, access to the CineMot Film online shop website is not possible, CineMot Film shall not be liable for any damages.
3.3 The data and information consultations carried out within the scope of this service are presumed to have been carried out by the user, and CineMot Film declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 CineMot Film shall not be liable for any loss or damage caused by misuse of the service that is not directly attributable to it through wilful misconduct or gross negligence.
3. 5 CineMot Film shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the user or third parties, including violations of intellectual property, (iii) non-compliance or defective fulfilment resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to CineMot Film and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by CineMot Film that prevent or jeopardise the fulfilment of the obligations assumed.
3.6. CineMot Film does not guarantee that:
- The Service is provided in an uninterrupted manner, is secure, error-free or works infinitely;
- The quality of any product, service, information or any other material purchased or obtained through the service fulfils any expectations of the user in relation to the same;
- Any material obtained in any way through the use of the service is used at the user’s own risk and the user is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
- No advice or information, whether oral or written, obtained by the user from or through the service shall create any guarantee that is not expressed in these General Conditions.
3.7. You agree that CineMot Film shall in no way be liable for any damages whatsoever, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if you have been previously advised of the possibility of such damages), resulting from:
- The use or impossibility of using the service;
- The difficulty of obtaining any substitute goods/services;
- Authorised access to or modification of personal databases.
- Consumer obligations
4.1. The user undertakes to:
- Provide correct personal data and addresses;
- Not use false identities;
- Respect the order limits imposed.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the user, and CineMot Film declines any responsibility. In the event that the consumer violates any of these obligations, CineMot Film reserves the right to eliminate future purchases, block access to the shop, cancel the supply of any other services made available simultaneously by CineMot Film to the same user; and also not allow the user future access to any or all services made available by CineMot Film.
4.3 Fazer o levantamento dos seus negativos no prazo de 90 dias a contar da data da encomenda.Passado esse prazo, por questões de logística o negativo será reciclado.
4.4 It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods
- Privacy and Personal Data Protection
5.1. CineMot Film guarantees the confidentiality of all data provided by users.
5.2 The personal data identified on the order form as having to be provided is essential for CineMot Film to provide the service. The omission or inaccuracy of the data provided by the user is the user’s sole and entire responsibility and may result in CineMot Film refusing to provide the service.
5.3 The user’s personal data will be processed and stored by computer and is intended to be used by CineMot Film within the scope of the contractual and/or commercial relationship with the user and, if authorised by the user, for the marketing of used photographic material.
5.4 Under the terms of the applicable legislation, the user is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to its use for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data: Viterbo Silva Unipessoal Lda.
5.5 The Internet is an open network, so the user’s personal data, other personal information and all the content hosted on the service may circulate on the network without security conditions, and may even be accessed and used by unauthorised third parties, and CineMot Film cannot be held responsible for such access and/or use.
- Order cancellation
6.1 At the user’s request:
The user may cancel their order by requesting it from CineMot Film via telephone number or email referring to the order number, which will be accepted as long as it has not yet been processed. Once the order has been processed, CineMot Film will try to deliver it, but the user has the option of not accepting it.
For cancellation purposes, the user must indicate the order number/code to CineMot Film.
CineMot Film reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. CineMot Film reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these are the result of technical problems or errors beyond the control of CineMot Film.
6.2 Por decisão do Máquinas de Outros Tempos
A Máquinas de Outros Tempos reserva-se no direito de não processar encomendas, quando verificar alguma inconsistência nos dados pessoais apresentados ou observar má conduta por parte do comprador. O Máquinas de Outros Tempos reserva-se no direito de não efetuar o processamento de qualquer encomenda ou reembolso, no caso de se verificarem erros nos valores e/ou características dos produtos, quando estes decorrerem de problemas técnicos ou erros alheios á Máquinas de Outros Tempos.
- Return (Right of cancellation)
7.1. The User, if they are a consumer, may exercise the right of withdrawal without any compensation being required, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.
In order to exercise this right, the communication must include the order code and must be made, by email and postal order through the return of the purchased good, or by another suitable means that can be proved within the period defined above.
The consumer must return the goods to CineMot Film in the proper conditions of use within 14 (fourteen) days from the date of communication of the cancellation.
The packaging must be returned complete, as it was delivered and accompanied by all the documentation received. The packaging and the indicated documents must be sent free of charge to the following address:
CineMot Film
A/C: Pedro Viterbo
Rua dos Mártires da Liberdade 154
4050-359 Porto, Portugal
If the user opts for other forms of return, the respective postage costs will be the user’s responsibility.
7.2 Upon receipt of the return at CineMot Film, the user will be refunded the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.
7.3 The method of refund depends on the payment method used for the order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In all other cases, when IBAN information is provided, the refund is made to the bank account indicated. Refunds are made within 14 working days of receipt of the cancellation request and receipt of the return of the goods.
7.4. Na falta de qualquer dos componentes do artigo vendido ou, caso qualquer deles não se encontre em excelente estado de conservação, não haverá lugar a qualquer reembolso do preço ou dos portes, sendo o produto reenviado novamente para a morada de expedição inicial.
7.4 If any of the components of the item sold is missing, or if any of them is not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original dispatch address.
- Warranty
8.1. Equipment and accessories come with a warranty period of 3 months. This period is considered from the equipment delivery date and only concludes upon its return to the store.
8.2. Equipment that has surpassed the manufacturer-defined period or exhibits defects due to abnormal wear, improper installation, weather conditions, electrical discharges, negligence, accidents, mishandling, moisture/liquid infiltration, use of non-original accessories, and unauthorized technical interventions are considered outside the warranty conditions.
8.3. If the equipment malfunctions and is covered by the original warranty, the user may take it, along with the respective proof of purchase and/or warranty, to a brand’s technical support center.
8.4. Warranty-covered accessories that malfunction should be sent, along with the respective order number/code, to the following address:
CineMot Film
Attn: Pedro Viterbo
Rua dos Mártires da Liberdade 154
4050-359 Porto, Portugal
If the user chooses alternative return methods, the associated shipping costs will be their responsibility. The user should always request the CTT Receipt, which confirms the shipment of the order.
8.5. If the equipment malfunctions, and this malfunction is not covered by the warranty, the user may take it, along with the respective proof of purchase, to a brand’s technical support center.
- Intellectual Property
9.1. The store is a registered website, and the service provided by the website itself is the responsibility of CineMot Film.
9.2. The user acknowledges that the service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable laws.
9.3. The user acknowledges that any content appearing in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws, and other property protection laws. Therefore, any use of these contents can only occur with the express authorization of the respective holders.
9.4. The user undertakes to fully respect the rights referred to in the previous number, namely refraining from engaging in any acts that may violate the law or the mentioned rights, such as reproduction, marketing, transmission, or making these contents available to the public or any other unauthorized acts concerning the same contents.
- Service safety conditions
10.1. The user agrees to comply with all applicable legal provisions, namely, not to engage in or encourage illegal or offensive acts of good conduct, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices. The user must also observe the rules of use of the service, subject to CineMot Film suspending or deactivating the service as provided in point 13.
10.2. The user expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by various users, and as such, subject to computer overloads. Therefore, CineMot Film does not guarantee the provision of the Service without interruptions, loss of information, or delays.
10.3. CineMot Film also does not guarantee the provision of the service in situations of unforeseeable overload of the systems on which it is based or force majeure (extraordinary or unforeseeable situations, external to CineMot Film and beyond its control).
10.4. In case of interruption of the service due to unforeseeable overload of the systems on which it is based, CineMot Film undertakes to regularize its operation as soon as possible.
- Suspension and Deactivation of the Store Service
11.1. Regardless of any prior or subsequent communication, CineMot Film may, at any time, and at its sole discretion, discontinue the provision of the service and/or part of the service to one or all users.
11.2. CineMot Film also reserves the right to suspend or immediately terminate access to the service in the following cases:
a) When the user does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When CineMot Film ceases access to the Store, with prior communication 15 days before the cessation date.
11.3. The suspension or termination of the service by CineMot Film, under the terms of the previous numbers, does not imply the right of the user or third parties to any compensation or other compensation, and CineMot Film cannot be held responsible or burdened in any way for any consequences resulting from the suspension, cancellation, or termination of the Service.
11.4. In the situations described above, CineMot Film will communicate to the user, previously, so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) working days from the sending of the email or the provision of the information on the main page of the service.
- Communications
12.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User related to the service, including any changes to these General Conditions, may be made to the user’s email address, by SMS, or telephone contact.
12.2. The user agrees to receive any and all communication and/or notification related to CineMot Film, to the address, contact phone, and/or email address (“email”) indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.
- Technical Configurations
13.1. Without prejudice to the provisions of the following number, CineMot Film may change the service and/or the technical conditions of its provision, as well as its rules of use, and must disclose such changes to the user with a minimum advance notice of 15 (fifteen) days.
13.2. The current version of these General Conditions and their annexes is available at https://cinemotfilm.com.
- Comunications
14.1. Whenever CineMot Film deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
14.2. Without prejudice to the provisions of the following numbers, and given the innovative nature of the service and the technological developments to which it may be subject, CineMot Film may change the technical settings of the service whenever it deems it convenient to adapt to any technological developments.
14.3. However, CineMot Film does not guarantee the user the implementation of any upgrades or improvements to the service.
14.4. Some upgrades or new features of the service may only be available against payment by the user and/or subscription, under the same, of Specific Conditions of use.
- Complaints
15.1. The user may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to CineMot Film about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
15.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the user’s knowledge of the facts, being recorded in CineMot Film’s information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, from the date of its receipt.
- Applicable Law
The Contract is governed by Portuguese law.